Month: March 2020

Encounters with law enforcement officials can be intimidating, no matter the circumstances. When New Yorkers are faced with explaining themselves to badged and often armed officers, they may feel threatened or even scared of what may happen if the officers’ suspicions are raised. When police encounters turn aggressive, individuals’ civil rights may be threatened. That is because in New York and states throughout the nation police brutality and misconduct can run unchecked by local and state governments. The bad actions of some law enforcement officials can jeopardize freedoms and even the...

Under the Fourth Amendment of the U.S. Constitution, a police officer can only arrest someone if the officer has a valid arrest warrant, or the officer has probable cause to do so. The purpose of the Fourth Amendment is to protect citizens from unlawful search and seizure by police. Arresting someone without probable cause is a violation of their civil rights and the arresting officer and police force may be civilly liable for damages. What is probable cause? Generally, a police officer has probable cause to arrest you if he or she has a reasonable belief that you were involved in a crime....

Imagine an immigrant family in which the father has been arrested and incarcerated by federal immigration authorities for alleged immigration violations. Prior to the beginning of the Trump administration, most immigrants detained by the Immigration and Customs Enforcement Office were released if they posed no threat to the community. For example, from 2013 to 2017, 47% of detainees who were deemed to be low risk were released automatically. Following June 2017, the percentage of detainees released without a trial dropped to 3%. That change has caught the attention of the New York Civil...